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Legislature Votes to Approve Bill No. 2464 with Governor’s Recommendations

Posted on January 10th, 2012

The Senate and General Assembly voted to concur with the recommendations made by Governor Christie earlier in the day in his Conditional Veto of Assembly Bill No. 2464, which requires all state agency rules to be published in the NJ Register, and prohibits the use of regulatory guidance documents except under certain circumstances. Attached is a copy of the legislation that we modified to include the changes made yesterday.

The Senate and General Assembly voted to concur with the recommendations made by Governor Christie earlier in the day in his Conditional Veto of Assembly Bill No. 2464, which requires all state agency rules to be published in the NJ Register, and prohibits the use of regulatory guidance documents except under certain circumstances. Attached is a copy of the legislation that we modified to include the changes made yesterday.

In short, the bill prohibits the use of guidance documents that have not been adopted as rules, unless the documents are made readily available to the regulated community by posting them on the agency’s website. Additionally, such guidance documents that are made readily available cannot impose new or additional requirements that are not included in state or federal law or rules that the document is intended to clarify; nor can the documents be used by the agency as a substitute for the state or federal law or rule for enforcement purposes.

Summarized by:

Thomas A. Leach, Esq.
Director of Government Relations
Chemistry Council of New Jersey
150 West State Street, 3rd Floor
Trenton, NJ 08608

Click Here to view the Legislative Document

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